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In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis databaseright. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”
Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. 17 DSM Directive is the only option that achieves the Directive’s stated objective, the creation of a digital single market.
For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis databaseright has been slowly eroded since 2003. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation. by Tito Rendas. €
This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis databaserights in the EU, or other information the use of which may be restricted by contract or terms of use.
This case relates to the sui generis databaseright and its application to the activity of search engines. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. by Tito Rendas. €
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